HSB 154

_____ vehicles, and peace officers riding a police bicycle to proceed past a red or stop signal or stop sign, but only after slowing down as an emergency vehicle driver may deem reasonable for safe operation in the same or similar circumstances based on information known to the driver at the time, and to exceed the maximum speed limits so long as the driver does not recklessly endanger life. Under current law, authorized emergency vehicles are permitted to operate in this manner only when such vehicles are making use of an audible or visual signaling device, except a vehicle operated by a peace officer is not required to use an audible or visual signaling device if the officer is pursuing a suspected violator of a speed limit. The bill provides that a peace officer is also not required to use an audible or visual device if the officer reasonably believes based on the facts and circumstances at the time that a suspected violator’s knowledge of the officer’s proximity may cause the suspected violator to destroy evidence of a suspected felony or aggravated misdemeanor, evade apprehension, or endanger the public or the officer. However, the bill permits such action only if the action does not recklessly endanger the life of the officer or the vehicle. The bill also provides that the driver of an authorized emergency vehicle transporting a patient to a hospital is not required to use an audible warning device while exceeding a speed limit if a certified emergency medical care provider reasonably believes the patient’s condition warrants limited use of the vehicle’s audible warning device, provided the driver activates the vehicle’s audible warning device when necessary to warn motorists or pedestrians of the vehicle’s approach, or when approaching an intersection. _____ at the time, and the officer has completed a training course approved by the Iowa law enforcement academy that instructs participants in the proper execution of lawful intervention techniques. By operation of law, a violation of these provisions of the bill is punishable by a scheduled fine of $100. PARADES AND EVENTS. The bill allows the driver of an authorized emergency vehicle to operate the vehicle as part of an official governmental event for the purposes of the safety and security of an elected official, candidate for public office, or the public, or as part of a parade or other public service event if the parade or event is approved by the state or a municipality and notice of the parade or event is publicly disseminated by the state or municipality at least five days prior to the date on which the parade or event will occur. In addition, the bill allows an authorized emergency vehicle to operate in a parade or event while displaying emergency lights or warning lights. IMMUNITY FROM LIABILITY. The bill provides that a certified fire fighter, emergency medical care provider, peace officer, or reserve peace officer who has completed certain training shall not be liable for any injury or loss arising from the operation of an authorized emergency vehicle in response to an emergency call or incident or to an incident dangerous to the public unless the vehicle is operated with willful and wanton disregard for the safety of persons or property. This provision of the bill only applies when, in response to an emergency call or incident or to an incident dangerous to the public, the authorized emergency vehicle is making use of a siren or flashing blue and red lights. The bill specifies that the driver of an authorized emergency vehicle shall not be liable for any injury or loss arising from the operation of the vehicle unless actual malice or willful and wanton disregard for the safety of persons or property is proven by clear and convincing evidence. _____ person brings a tort claim against the driver of an authorized emergency vehicle, a municipality, or the state for any injury or loss arising from the operation of the authorized emergency vehicle, the bill requires a court to determine, on motion by any party or on its own motion, whether the person has presented sufficient, admissible evidence to support a prima facie finding of actual malice or willful and wanton disregard for the safety of persons or property, before the matter proceeds to trial. FUNERAL PROCESSIONS. The bill authorizes a driver of an authorized emergency vehicle to operate the vehicle as part of a funeral procession if approved by each municipality in which the funeral procession occurs. The bill allows an authorized emergency vehicle operating in a funeral procession to display emergency lights or warning lights. SNOW PLOW LIGHTS. The bill requires snow plows to be equipped with and to use flashing amber warning lights. By operation of law, a violation of this provision is punishable by a scheduled fine of $30. AUTHORIZED EMERGENCY VEHICLE LIGHTS. The bill allows an authorized emergency vehicle to be equipped with a combination of interior or exterior emergency lights and warning lights, flashing headlamps, and flashing tail lamps. The bill requires an official law enforcement, fire department, or emergency medical services vehicle owned by the state or a municipality that was purchased, delivered, or refurbished on or after July 1, 2019, to be equipped with flashing headlamps unless the vehicle lacks the capability to be equipped with flashing headlamps. The bill requires an authorized emergency vehicle owned by the state, a municipality, or a private emergency medical services company, or a privately owned vehicle, to be equipped with a combination of operational red and blue emergency lights. _____ provision on or before July 1, 2021. The bill also requires an authorized emergency vehicle equipped with an interior or exterior light bar to position front and rear facing red lights on the driver’s side of the vehicle and front and rear facing blue lights on the passenger’s side of the vehicle. The bill provides that an authorized emergency vehicle equipped with an interior or exterior light bar with red and blue flashing emergency lights may be equipped with flashing or solid white lights scattered among or between any lens that displays a red or blue flashing light. An authorized emergency vehicle may also be equipped with one or more lights capable of emitting a split red and blue steady or flashing light, which may be mounted on or in the vehicle, and with emergency lights on the side of the vehicle capable of emitting red and blue light, red and white light, or blue and white light. The bill further provides that an official law enforcement, fire, rescue, or emergency medical services vehicle may be equipped with lights or light bars containing one or more rear zone amber warning lights or amber directional arrows, and prohibits an authorized emergency vehicle from being equipped with an amber warning light positioned on the front or side of the vehicle. However, an aerial fire apparatus may be equipped with amber flashing lights on the outriggers of the apparatus. The bill allows an authorized emergency vehicle to be equipped with one or more steady, oscillating, or flashing white lights, flashing headlamps, or flashing reverse lamps, and prohibits a light bar from being equipped or used to display flashing white lights visible from the rear of the vehicle. However, white lights used as a work light, alley light, search light, or takedown light are permitted. The bill further allows an authorized emergency vehicle primarily used as an incident command vehicle to be equipped with one or more steady or flashing green lights. _____ misdemeanor, punishable by a fine of at least $65 but not to exceed $625 and imprisonment not to exceed 30 days. SIRENS AND AIR HORNS. The bill allows an authorized emergency medical services program, fire department, or law enforcement agency to equip one or more vehicles with an air horn. The bill requires such vehicles purchased, delivered, or refurbished on or after July 1, 2019, to be equipped with a 200-watt electric or electronic siren capable of emitting at least two distinct siren tones, and one or more compatible siren speakers. The bill prohibits an authorized emergency vehicle’s siren, whistle, or bell from being used except when the vehicle is operated in response to an emergency call or incident, in response to an incident dangerous to the public, in a parade or designated public service event, for a demonstration, for maintenance, or in the immediate pursuit of an actual or suspected violator of the law. The bill requires the driver of the vehicle to sound the siren, whistle, or bell when the driver reasonably believes necessary to warn pedestrians and other drivers of the approach of the vehicle. By operation of law, a violation of this provision is punishable by a scheduled fine of $30. DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill includes in the list of vehicles authorized to be designated as authorized emergency vehicles those vehicles owned by a certified chief or certified chief officer of a volunteer fire department, a fire department comprised of a combination of volunteer and paid members, or a nonprofit corporation that delivers emergency services; vehicles owned by a chief or medical director of an authorized emergency medical service provider; and vehicles owned by a state or county emergency management coordinator. The bill requires the completion of certain training and proof of financial liability coverage or risk pool coverage to obtain the designation. _____ authorized emergency vehicle shall be valid for a period of one year, and allows the department of transportation (DOT) to revoke or temporarily suspend the designation due to abuse, reckless or unsafe driving, failure to prove or maintain at all times financial liability coverage or risk pool coverage, or the fact that the vehicle has unsafe equipment. The bill provides for a process by which the DOT may revoke or suspend a designation. The bill requires the DOT to create and maintain a database of vehicles designated as authorized emergency vehicles. The bill allows the operator of an authorized emergency vehicle, except a towing and recovery vehicle, to request reimbursement from the operator’s employer or organization for which the operator volunteers for reasonable costs or expenses incurred during the operation of the vehicle as an authorized emergency vehicle on official business, including fuel and mileage reimbursement. The bill prohibits a public or private employer from requiring an employee or volunteer to apply for or maintain a certificate of designation for an authorized emergency vehicle, and from requiring a person to operate or use an authorized emergency vehicle. EFFECTIVE DATE. The bill takes effect upon enactment.